Florida Statute 335.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 335
STATE HIGHWAY SYSTEM

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F.S. 335.02

335.02 Authority to designate transportation facilities and rights-of-way and establish lanes; procedure for redesignation and relocation; application of local regulations.—

(1) The department shall have the authority to locate and designate certain transportation facilities as part of the State Highway System and to construct and maintain them with funds available to the department. Any transportation facility when so located and designated shall become the property of the state and shall be under the jurisdiction and control of the department. Such a transportation facility may not be redesignated or relocated until after a public hearing is conducted by the department in each county affected. Reasonable notice of the hearing shall be published in a newspaper of general circulation in such county 14 days prior to the hearing in addition to any other notice required by law. Any interested party shall have the opportunity to be heard either in person or by counsel and to introduce testimony in such person’s behalf at the hearing.

(2) The department may survey and locate the line or route of any existing or proposed transportation facility or section thereof designated as part of the State Highway System or the line or route of any transportation corridor designated by the department. When locating the line or route, the department shall consider the availability of property currently owned by this state. Right-of-way maps used for the acquisition of real property rights and adopted by the department shall, upon completion of monumentation, be filed in accordance with chapter 177 in the office of the clerk of the circuit court in the appropriate county.

(3) The department may establish standards for lanes on the State Highway System, including the Strategic Intermodal System highway corridors established pursuant to s. 339.65. In determining the number of lanes for any regional corridor or section of highway on the State Highway System to be funded by the department with state or federal funds, the department shall evaluate all alternatives and seek to achieve the highest degree of efficient mobility for corridor users. In conducting the analysis, the department must give consideration to the following factors consistent with sound engineering principles:

(a) Overall economic importance of the corridor as a trade or tourism corridor.

(b) Safety of corridor users, including the importance of the corridor for evacuation purposes.

(d) Current and projected traffic volumes on the corridor.

(e) Multimodal alternatives.

(f) Use of intelligent transportation technology in increasing the efficiency of the corridor.

(g) Compliance with state and federal policies related to clean air, environmental impacts, growth management, livable communities, and energy conservation.

(h) Addition of special use lanes, such as exclusive truck lanes, high-occupancy-vehicle toll lanes, and exclusive interregional traffic lanes.

(i) Availability and cost of rights-of-way, including associated costs, and the most effective use of existing rights-of-way.

(j) Regional economic and transportation objectives, where articulated.

(k) The future land use plan element of local government comprehensive plans, as appropriate, including designated urban infill and redevelopment areas.

(l) The traffic circulation element, if applicable, of local government comprehensive plans, including designated transportation corridors and public transportation corridors.

(m) The approved metropolitan planning organization’s long-range transportation plan, as appropriate.

This subsection does not preclude a number of lanes in excess of 10 lanes, but an additional factor that must be considered before the department may determine that the number of lanes should be more than 10 is the capacity to accommodate in the future alternative forms of transportation within existing or potential rights-of-way.

(4) Notwithstanding any general law or special act, regulations of any county, municipality, or special district, including any instrumentality thereof, shall not apply to existing or future transportation facilities, or appurtenances thereto, on the State Highway System.

History.—s. 26, ch. 29965, 1955; s. 1, ch. 59-224; ss. 23, 35, ch. 69-106; s. 1, ch. 69-188; s. 2, ch. 77-416; s. 56, ch. 78-95; s. 137, ch. 79-400; s. 32, ch. 84-309; s. 30, ch. 85-180; s. 1, ch. 85-183; s. 12, ch. 88-168; s. 22, ch. 95-257; s. 8, ch. 2000-266; s. 59, ch. 2003-286; s. 88, ch. 2012-174.

F.S. 335.02 on Google Scholar

F.S. 335.02 on Casetext

Amendments to 335.02

Arrestable Offenses / Crimes under Fla. Stat. 335.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 335.02.

Annotations, Discussions, Cases:

Cases Citing Statute 335.02

Total Results: 20

Nicole "Nikki" Fried, etc. v. State of Florida & City of Weston, Florida v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2023-01-19

Snippet: firearms” or the owners of those firearms. § 790.335(2). Not relevant to this appeal, Petitioners also

SHEILA LEWIS v. THE BROWARD COUNTY SCHOOL BOARD

Court: District Court of Appeal of Florida | Date Filed: 2020-06-17

Snippet: contract pursuant to paragraph (c). § 1012.335(2)(a), Fla. Stat. (emphasis added). Under the

Broward Teachers Union, Local 1975, Florida Education Association (FEA), American Federation of Teachers (AFT) v. The School Board of Broward County, Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-06-22

Citation: 199 So. 3d 997, 2016 Fla. App. LEXIS 9590

Snippet: shall be awarded a probationary contract. § 1012.335(2)(a), Fla. Stat. (2014). Upon successful completion

Robinson v. Stewart

Court: District Court of Appeal of Florida | Date Filed: 2015-01-23

Citation: 161 So. 3d 589, 2015 Fla. App. LEXIS 871, 2015 WL 292481

Snippet: percent de facto. See §§ 1012.33(1 )(a), (3); 1012.335(2)(c), Fla. Stat. (2014). .Section 1012.34(2)(e)

Shands Jacksonville Medical Center, Inc. v. State, Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2013-09-12

Citation: 123 So. 3d 86, 2013 WL 4859092

Snippet: See Ch. 90-284, § 6(2)(d), Laws of Fla.; § 395.0335(2)(d), Fla. Stat. (1991) (renumbered as § 395.4025

City of Aventura v. Masone

Court: District Court of Appeal of Florida | Date Filed: 2011-11-30

Citation: 89 So. 3d 233, 2011 WL 5964359, 2011 Fla. App. LEXIS 19039

Snippet: Aven-tura, Fla., City Code, ch. 2, art. V §§ 2-334, 2-335, 2-341. The City is not creating a new “court” to

ENVIRONMENTAL SERVICES, INC. v. Carter

Court: District Court of Appeal of Florida | Date Filed: 2009-04-24

Citation: 9 So. 3d 1258, 29 I.E.R. Cas. (BNA) 633, 2009 Fla. App. LEXIS 3459, 2009 WL 1097261

Snippet: comports with the terms of the current section 542.335. [2] Other "legitimate business interests" under section

Duval County School Bd. v. Bd. of Educ.

Court: District Court of Appeal of Florida | Date Filed: 2008-12-02

Citation: 998 So. 2d 641, 2008 Fla. App. LEXIS 18030, 2008 WL 5055659

Snippet: DCA 2008). [2] Florida Statutes, section 1002.335(2)(a), provides that it is the intent of the Legislature

Leighton v. First Universal Lending, LLC

Court: District Court of Appeal of Florida | Date Filed: 2006-04-12

Citation: 925 So. 2d 462, 2006 WL 931306

Snippet: findings and conclusions required by section 542.335.[2] The trial court concluded the non-compete clause

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-10-14

Snippet: 2 Chapter 2004-59, Laws of Fla. 3 Section 790.335(2), Fla. Stat., as created by Ch. 2004-59, Laws of

Medicaid, Program Integrity, Department of Health & Rehabilitative Services v. Conval-Care, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1994-04-19

Citation: 636 So. 2d 117, 1994 Fla. App. LEXIS 3543, 1994 WL 133528

Snippet: what those sanctions may be. Further, section 409.335(2) provides for an administrative hearing pursuant

Tenneboe v. Tenneboe

Court: District Court of Appeal of Florida | Date Filed: 1990-03-14

Citation: 558 So. 2d 470, 1990 WL 26204

Snippet: 1980). Cf. Casto v. Casto, 508 So.2d at 332, 334-335.[2] Rather, the presence or absence of legal representation

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-02-03

Snippet: systems and the city street systems. Pursuant to s. 335.02(1), F.S., the department continues to possess the

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-01-20

Snippet: out the purposes of the legislation. In s. 163.335(2), F.S., in setting forth the findings and declarations

State v. Miami Beach Redevelopment Agency

Court: Supreme Court of Florida | Date Filed: 1980-12-11

Citation: 392 So. 2d 875

Snippet: protection, services, and facilities. Section 163.335(2) contains a declaration of the range of public policy

Ago

Court: Florida Attorney General Reports | Date Filed: 1980-12-09

Snippet: as state roads is vested in the state (see ss. 335.02, 337.27, and 337.29, F. S.) and since the state

Florida Bar v. Cobourn

Court: Supreme Court of Florida | Date Filed: 1977-04-11

Citation: 345 So. 2d 334, 1977 Fla. LEXIS 3896

Snippet: Florida and the Integration Rule of The Florida Bar. *335“2. Attached is the affidavit of Michael D. Bodne,

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-06-18

Snippet: under the Community Redevelopment Act. Cf. ss. 163.335(2), 163.340(12)(b), 163.345, 163.370(1), (4)(a) and

Swilley v. Long

Court: District Court of Appeal of Florida | Date Filed: 1968-11-07

Citation: 215 So. 2d 340

Snippet: Power & Light Co., (1941) 147 Fla. 589, 3 So.2d 335. [2] Ormsby v. Ginolfi (Fla.App. 1959), 107 So.2d

Biro v. Geiser

Court: Supreme Court of Florida | Date Filed: 1967-05-31

Citation: 199 So. 2d 461

Snippet: 8 Fla. 391; Reddick v. Mickler, 1887, 23 Fla. 335, 2 So. 698; McCallum v. Driggs, 1895, 35 Fla. 277